World Anti-Counterfeiting Day - FICCIficci.in/events/20998/ISP/Pratibha-Singh.pdf · World...
Transcript of World Anti-Counterfeiting Day - FICCIficci.in/events/20998/ISP/Pratibha-Singh.pdf · World...
World Anti-Counterfeiting Day
13th June 2012
FICCI, Federation House,
New Delhi
About INTA Not for profit organization of trademark owners and professionals, with 5900+ members in 190+ countries India members: 181
Activities:
Information and publishing
–INTA Bulletin, The Trademark Reporter
Educational events and meetings
–Roundtables, regional conferences and the Annual Meeting
Policy development and advocacy
-To advance trademark law development and protection
-Anticounterfeiting: a major priority for INTA members worldwide
INTA Global Presence
New York, USA (HQ)
Brussels, Belgium
Shanghai, China
Washington D.C., USA
Geneva, Switzerland
Mumbai, India
1 Picture of India
Picture of India
Picture of India
• The blend of Organized Retail Stores in the
mega-cities and small shops
• Difficult to trace
• Difficult to curb
• Strategies have to be different
• Select markets have to be identified.
Types of Markets
• Electrical markets
• Pharmaceutical markets
• Garment markets
• Food markets
• FMCG wholesale markets
• Electronic markets
Remedies for IPR Protection
Administrative Criminal Civil
Administrative Measures
Administrative
Trade mark
Or Copyright office Customs
Statutory
Authorities
Role of Customs
• Section 11 of the Customs Act, 1962
prohibits goods for importation and
exportation for following purposes:-
- the protection of patents, trade marks and
copyrights;
- the prevention of deceptive practices;
Border Enforcement
• Customs Notification No. 49/2007
• Intellectual Property Rights ( Imported
Goods) Enforcement Rules, 2007 vide
Notification No. 47/2007-CUSTOMS (N.T.)
• Circular No. 13/2012-Customs (Enforcement
of Intellectual Property Rights on imported
goods - Clarification on the issue of parallel
imports)
Border Enforcement
• India's national IP laws recognize border
enforcement and read into it the related
provisions from the Customs law
• The Ministry of Finance, Government of India
has framed Intellectual Property Rights
(Imported Goods) Enforcement Rules, 2007
• Customs also given authority to take suo
motu action against the suspected infringing
goods
Enforcement - Customs
• Customs conducts enquiry
– Proceedings are required to be adjudicated
within a period of 10 days in case of non-
perishable goods and 3 days in case of
perishable goods
– Liberty to seek any technical assistance from
the right holder
Enforcement - Customs
• Goods found to be infringing goods, the
same are seized
• Seized goods are to then either destroyed
or disposed off in consultation with the
Right Holder
• Right Holder is also at liberty to retain
samples of the goods for the purpose of
evidence
Website : http://icegate.gov.in/
Enforcement - Customs
• IPR owner can register on the website
http://icegate.gov.in/
– Requires to furnish Copyright/ Trademark/
Patent/ Design/ Geographical Indication
registration certificate
• Report to the customs whenever infringing
goods enter the country
Statutory authorities
• Drug Controller – Drugs & Cosmetics Act
• The Central Excise Act – for liquor and other
excisable products
• But their powers are extremely limited
ACTA
• ACTA is a means to ensure enforcement of
existing IP Rights, and focuses on the
creation of a harmonized international
framework for the same.
• ACTA also seeks to curb commercial scale
infringements that have a negative impact on
the world economy
ACTA
• ACTA contains specific provisions for public
health safeguards, in line with TRIPS and
the Doha Declaration
• As an international agreement, ACTA
requires to be interpreted in good faith, while
giving ordinary meaning to the terms of the
treaty
INTA & ACTA
• INTA supports ACTA
• INTA emphasizes the importance of strong
anti-counterfeiting measures and increased
awareness of the harms of counterfeiting
• INTA does not believe that ACTA will be
targeting generic drugs since patents are not
included in the border measures section of
ACTA.
INTA & ACTA
• INTA believes that not only should
consumers be able to access medicines, but
they should also be protected from
counterfeit medicines. We understand that
there are cases of counterfeit generic
medicine brands as well.
• India is still circumspect about ACTA in view
of the issue relating to seizure of generic
drugs in transit.
Picture of some Counterfeit & Pass Off Products
Contribution of the Judiciary
• Most proactive in protecting IPRs
• Since the mid-80s, judiciary has the lion-share in IPR protection
• Has been ahead of the Statutes in most cases & has prompted Amendments therein.
Contribution of the Judiciary
- Reported Precedents
Copyright Trademark Design Patent
Delhi 385 269 18 65
Mumbai 66 95 2 13
Kolkata 38 42 1 51
Chennai 63 81 3 23
Copyright Trademark Design Patent
Supreme
Court 25 26 Nil 11
CASES
Zee Turner Ltd vs. M/s
Classic Cable Network &
Others
• Civil suit filed against 350 Cable
operators
• Local Commissioners appointed
who were on stand-by
• As soon as the Cricket matches
began, raids conducted
simultaneously in 3 cities
• Overnight approximately 250
cable operators signed
subscription agreements
• Hawkins Cookers Ltd. Vs. Rakesh Kumar,
Mukesh Kumar and Ors.
2005(30)PTC375(Del)
Really speaking, it is a case of counterfeiting, a
much graver version of the offence of the
infringement of trademark or passing off
• Cisco Technologies v. Shrikanth
2005(31)PTC538(Del)
It is an obligation of all statutory and
governmental authorities to ensure that laws are
not violated by any person in this country
CASES
• Asian Paints vs. Chandra Paints and
Brush Industry - Assignment of
Trademark “GREAT ASIAN” in favour of
Asian Paints
• PepsiCo Vs. Pure Water Beverages and
Ors – Assignment of the mark Aquafine in
favour of PepsiCo
CASES
CONCLUSION
• Anti-Counterfeiting policies have strengthened
• Indian brand owners should join forces to have a
bigger say in global anti-counterfeiting policies
• Membership in bodies like INTA would help in this
mission
• Brand owners need to invest time and manpower
in anti-counterfeiting policy making.